Indian Polity Notes From The National Commission For Backward Classes (ncbc)

On August 14, 1993, the National Commission for Backward Classes (NCBC), which is a part of the Ministry of Social Justice and Empowerment, was established. The Indian government uses the collective term "backward class" to refer to castes that are economically and socially backward and may or may not face discrimination based on birth. The 102nd Constitutional Amendment Act of 2018 (123rd Constitutional Amendment Bill, 2017) gave the National Commission for Backward Classes (NCBC) constitutional standing. This Commission was established with the purpose of assessing the circumstances and difficulties experienced by the socially and educationally underprivileged and making appropriate recommendations.

 

The National Commission for Backward Classes (NCBC) is a significant topic covered in this article's discussion of the UPSC General Studies syllabus.

 

In the 1992 Indra Sawhney case, the Supreme Court mandated that the establishment of a permanent committee to consider, examine, and recommend the inclusion and exclusion of various Backward Classes for the purposes of benefits and protection.

 

In response to these instructions, the National Commission for Backward Classes Act of 1993 was passed, creating the NCBC.

 

The National Commission for Backward Classes Act of 1993 was repealed by a measure voted by Parliament, rendering the 1993 law outdated.

 

In August 2018, the President signed the legislation into law, giving NCBC constitutional validity.

 

The need to identify "socially and educationally backward classes," comprehend their situation, and make suggestions to lessen the difficulties they face are among the issues covered in Article 340.

 

New Articles 338 B and 342 A were added to the Constitution by the 102nd Constitution Amendment Act.

 

According to Article 338B, NCBC has the authority to look into complaints and welfare interventions affecting socially and educationally disadvantaged people.

 

The President is empowered by Article 342 A to identify socially and educationally disadvantaged groups in different states and union territories. Together with the state's governor, he is able to do this.

 

To modify the list of underprivileged classes, however, a measure must be approved by Parliament.

The President defines the service conditions and terms of office for the five members of the Commission: a Chairperson, Vice-Chairperson, and three additional members appointed by him by a warrant signed by him and sealed.

 

In order to determine how well the protections provided for those who are socially and educationally disadvantaged are working, the commission looks into and keeps track of every issue related to them.

 

It participates in, provides advice on, and evaluates the socioeconomic improvement of socially and educationally underprivileged groups within the Union and any state.

 

The commission gives the president a report every year. Additionally, it has the option to submit a report whenever it sees fit.

 

Subject to the provisions of any law established by Parliament, NCBC is required to carry out any additional duties the President may designate by regulation regarding the defence, welfare, advancement, and development of the socially and educationally disadvantaged.

 

It possesses all of a civil court's authority while a matter is being heard.

 

The new act acknowledges reservations as well as the need for development for Backward Classes. The act contains provisions for the creation of Socially and Educationally Backward Classes and the function of the new NCBC in the creation process.

 

The job of addressing the complaints of the underclass has been given to the new NCBC.

 

By needing Parliament's consent before including or deleting any community on the backward list, Article 342(A) encourages even more openness.

 

Along with list-inclusion and reservation, it calls for the holistic development and advancement of each group towards equality in all facets of development and welfare.

 

It is seen unlikely that the new National Commission for Backward Classes will create a social justice infrastructure that is trustworthy and efficient.

 

The NCBC's recommendations are not legally binding on the government.

 

It has no obligation to define backwardness, hence it is unable to handle the current predicament of demands from many castes to be included in the category of backward classes.

 

The new NCBC's makeup does not include the elements of an expert body authorised by the Supreme Court.

 

Simple constitutional status and more legislation won't help the issue at the grassroots level, according to new data that reveals an imbalanced representation of SC/ST and OBC communities.

 

Under Article 338B (5), the SC's requirement for routinely updating the backward class list in collaboration with the NCBC is unaddressed.

 

The composition must reflect the qualities of an expert body, as required by the SC.

 

The caste census results and the commission's recommendations must be made public by the government.

 

The composition of the commission should take gender sensitivity and stakeholder representation into account.

 

Vote bank politics ought to make way for value-based politics since only the truly backward segments of society should profit from the reservation.

 

In order to help residents who were economically and socially disadvantaged, the NCBC was created. The commission was founded to guarantee peace and equality among Indian citizens. When the legislation was given constitutional standing, there was greater transparency, or to put it another way, more rights were generated for the citizens of the underclass.